Federal Election Commission § 100.33

Federal Election Commission § 100.33 (G) In the case of a communication through the facilities of any broadcast, appearing exclusively on a cable or sat- cable, or satellite television or radio ellite television system, but not on a station, unless such facilities are broadcast station or network, that the owned or controlled by any political viewership of the cable system or sat- party, political committee, or can- ellite system lying within a Congres- didate. A news story distributed sional district or State is 50,000 or through a broadcast, cable, or satellite more; or television or radio station owned or (H) In the case of a communication controlled by any political party, polit- appearing on a cable television net- ical committee, or candidate is never- work, that the total cable and satellite theless exempt if the news story meets viewership within a Congressional dis- the requirements described in 11 CFR trict or State is 50,000 or more. 100.132(a) and (b); (ii) Cable or satellite television (3) Constitutes an expenditure or viewership is determined by multi- independent expenditure provided that plying the number of subscribers with- the expenditure or independent expend- in a Congressional district or State, or iture is required to be reported under a part thereof, as appropriate, by the the Act or Commission regulations; current national average household (4) Constitutes a candidate debate or size, as determined by the Bureau of forum conducted pursuant to 11 CFR the Census. 110.13, or that solely promotes such a (iii) A determination that a commu- debate or forum and is made by or on nication can be received by 50,000 or behalf of the person sponsoring the de- more persons based on the application bate or forum; or of the formula at paragraph (b)(7)(i)(G) (5) Is paid for by a candidate for or (H) of this section shall create a re- State or local office in connection with buttable presumption that may be an election to State or local office, pro- overcome by demonstrating that— vided that the communication does not (A) One or more cable or satellite promote, support, attack or oppose any systems did not carry the network on Federal candidate. See 11 CFR 300.71 for which the communication was publicly communications paid for by a can- distributed at the time the commu- didate for State or local office that nication was publicly distributed; and promotes, supports, attacks or opposes (B) Applying the formula to the re- a Federal candidate. maining cable and satellite systems re- sults in a determination that the cable [67 FR 65210, 65217, Oct. 23, 2002, as amended network or systems upon which the at 70 FR 75717, Dec. 21, 2005; 79 FR 16663, Mar. communication was publicly distrib- 26, 2014] uted could not be received by 50,000 §§ 100.30–100.32 [Reserved] persons or more. (c) The following communications § 100.33 Personal funds. are exempt from the definition of elec- tioneering communication. Any commu- Personal funds of a candidate means nication that: the sum of all of the following: (1) Is publicly disseminated through a (a) Assets. Amounts derived from any means of communication other than a asset that, under applicable State law, broadcast, cable, or satellite television at the time the individual became a or radio station. For example, election- candidate, the candidate had legal eering communication does not include right of access to or control over, and communications appearing in print with respect to which the candidate media, including a newspaper or maga- had— zine, handbill, brochure, bumper stick- (1) Legal and rightful title; or er, yard sign, poster, billboard, and (2) An equitable interest; other written materials, including (b) Income. Income received during mailings; communications over the the current election cycle, of the can- Internet, including electronic mail; or didate, including: telephone communications; (1) A salary and other earned income (2) Appears in a news story, com- that the candidate earns from bona fide mentary, or editorial distributed employment; 49 VerDate Sep<11>2014 13:12 Mar 24, 2015 Jkt 235034 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\235034.XXX 235034 wreier-aviles on DSK5TPTVN1PROD with CFR.

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